Legal Opinion

Tucker v. Toia

New York Court of Appeals

Decided November 10, 1977PublishedCited by 82 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

The Commissioner of the State Department of Social Services appeals directly to this court, pursuant to CPLR 5601 (subd [b], par 2), from a judgment of the Supreme Court, Monroe County (Smith, J.), declaring section 15 of chapter 76 of the Laws of 1976 (now a part of Social Services Law, § 158), to be unconstitutional, and enjoining its implementation and enforcement. We affirm the judgment appealed from, on the ground that the challenged section constitutes a substantive violation of section 1 of article XVII of the New York State Constitution.

New York…

2Cases cited10 opinions

  1. Jones v. BermanNew York Court of Appeals · 1975
  2. People v. Westchester County National BankNew York Court of Appeals · 1921
  3. Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
  4. Sgaglione v. LevittNew York Court of Appeals · 1975
  5. Flushing National Bank v. Municipal Assistance Corp.New York Court of Appeals · 1976

5 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. Bernstein v. ToiaNew York Court of Appeals · 1977
  2. Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Jiggetts v. GrinkerNew York Court of Appeals · 1990
  4. Moore v. GanimSupreme Court of Connecticut · 1995
  5. Gunn v. BlumNew York Court of Appeals · 1979

77 more not listed; retrieve them via the Exa API.

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